Legal Question in Personal Injury in California
Forseeability Test
I am trying to find out what, if any, test California applies to determine forseeability in a premises liability/personal injury (or otherwise) situation. If there is a test I would appriciate knowing what case it stems from as well, if possible.
3 Answers from Attorneys
Re: Forseeability Test
The standard is what the Reasonable Person would do to prevent injuries or risky situations, after they realize there is a dangerous situation on their premises. There is also a reasonable duty to inspect.
Re: Forseeability Test
I sat on a jury once, and juries always debate what a "reasonable person" is, and whether it is foreseeable that a "reasonable person" would have suffered the injury as a result of XXX. Of course, the more out-of-the-ordinary the situation is, the more cautious a "reasonable person" likely would be.
Re: Forseeability Test
You need to talk to a lawyer instead of trying to learn it in a few days.
Best,
Daniel Bakondi, Esq.
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